Atondo-Santos

MEMORANDUM **

Atondo-Santos appeals his sentence after pleading guilty to one count' of posses *761 sion with intent to distribute 117 pounds of cocaine in violation of 21 U.S.C. § 841 (a)(1), and to one count of importation of cocaine into the United States in violation of 21 U.S.C. § 952 (a).

Atondo-Santos was initially sentenced to 66 months imprisonment on both counts, to be served concurrently, and 60 months supervised release on both counts, also to be served concurrently. The sentencing judge arrived at this sentence after granting Atondo-Santos a downward departure for “aberrant behavior.” The guidelines range for Atondo-Santos’s crimes was actually 108 months to 135 months.

The government appealed Atondo-Santos’ 66 month sentence, and we reversed and remanded for resentencing. Upon re-sentencing, the sentencing judge imposed the same 66 month sentence. Again, the government appealed and again, we reversed. Undeterred, the sentencing judge imposed the same 66 month sentence. The government appealed for a third time and again, we reversed. On the third appeal, we also directed that the case be reassigned to a different judge for resentencing. United States v.…